This agreement ("Agreement") is made and entered into between the undersigned client ("Client") and RecoverMyFee.com LLC (hereinafter referred to as RMF), collectively referred to as the "Parties."
1. Purpose of Agreement
This Agreement outlines the terms under which RMF is engaged to assist Client in obtaining a settlement payment related to the class action lawsuit titled In re Payment Card Interchange Fee and Merchant Discount Antitrust Litigation, MDL No. 1720 (the "Action"). The Action involves claims regarding excessive fees charged to businesses that accepted Visa and Mastercard payments in violation of antitrust laws. RMF will assist in determining Client's eligibility and facilitating the submission of Client's claim for settlement benefits.
2. Scope of Services
RMF will provide the following services to Client:
- Verify Client's eligibility for participation in the settlement.
- Prepare and submit the Claim on Client's behalf.
- Communicate directly with the Settlement Administrator, Epiq Class Action & Claims Solutions, Inc., regarding the Claim.
- Respond to any follow-up requests from the Settlement Administrator concerning additional documentation or information needed to substantiate the Claim.
RMF will use its best efforts to ensure that the Claim is processed accurately and efficiently. However, RMF does not guarantee any particular outcome or recovery amount.
3. Client's Acknowledgment and Consent
Client acknowledges that by signing this Agreement, they are engaging RMF to assist with their claim in the Action. Client agrees to provide truthful and accurate information, including any required documentation, and to grant RMF full authority to act on Client's behalf throughout the process.
4. Authority to Act on Client's Behalf
By signing this Agreement, Client authorizes RMF to represent Client in all matters related to the settlement claim, including submitting documentation and managing communications with the Settlement Administrator.
5. Authority to Sign
The undersigned warrants and represents that they possess the requisite authority to execute and deliver this agreement on behalf of the entity or individual they represent, and that all necessary approvals and authorizations have been obtained to legally bind the represented party to the terms and conditions herein.
6. No Upfront Fees and Contingency-Based Costs
The Parties acknowledge and agree that RMF shall not charge any upfront fees for its services. All fees owed to RMF are strictly contingent upon the successful recovery of settlement funds. In the event no recovery is made, Client shall have no obligation to pay any fees or expenses. Should a recovery occur, RMF shall be entitled to a fee of 25% of the gross recovery amount from the settlement, which shall be deducted directly from the settlement funds prior to any disbursement to the Client. If no recovery is made, Client shall bear no liability for fees or costs whatsoever.
7. Sworn Statements and Documentation
Client may be required to sign a sworn statement under penalty of perjury to support the Claim. Client authorizes RMF to execute such statements on their behalf and confirms that the information provided in support of the claim is accurate and complete.
8. Client Representations and Acknowledgments
The Client affirms that it has neither submitted a Claim independently nor engaged any third party to do so on its behalf. In the event duplicative submissions or engagements are identified, this Agreement shall supersede any prior or subsequent submission or agreement, irrespective of timing. The Client grants RMF the authority to present this Agreement as definitive evidence of RMF's exclusive right to manage the Claim. The Client warrants that its interest in the Action, including entitlement to any Claim proceeds, has not been sold, assigned, or otherwise transferred, and that the undersigned is the lawful and authorized individual to bind the Client to the terms herein. If the Client is a dissolved entity, the undersigned attests to being the rightful successor in interest to the entity's settlement rights, with no competing claims.
9. Client's Responsibilities
Client agrees to:
- Cooperate fully with RMF throughout the claim process.
- Provide all necessary and truthful information requested by RMF.
- Keep RMF updated with accurate contact information.
- Respond promptly to any requests for further documentation or clarification.
10. Payment Distribution Process - Client Payment Distribution and Proportional Share
Client understands that their portion of the Settlement will be based on their proportional share of the total fund, after deductions for attorney's fees, administrative costs, service awards, etc. The exact payment amount will only be determined once all claims are processed. All Settlement funds owed to Client will be sent to RMF. RMF will deduct its agreed-upon fees and, and will remit the net Settlement funds to Client. Client agrees that this Agreement serves as instruction to the Settlement Administrator to make payments in this manner. If the Settlement Administrator issues a check in Client's name, Client grants RMF power of attorney to endorse the check on their behalf and deposit it into RMF's account. RMF will retain its fees and promptly send the remaining net funds to Client. If payment is sent directly to Client, Client agrees to remit RMF's fees via ACH, wire transfer, or Zelle within seven (7) calendar days.
11. Timely Filing and Claim Accuracy
Client understands that the due date to file the claim is February 4, 2025. Client acknowledges that filing closer to this deadline, especially after January 20, 2025, may result in the claim not being filed accurately or processed in time, potentially affecting the recovery and the claim. However, RMF will, regardless, make its best efforts to ensure timely and accurate filing.
12. Independent Claim Filing Option
Client is aware that they have the option to file a claim directly with the Settlement Administrator, as no-cost assistance is available from the Administrator and Class Counsel. However, Client has chosen to engage RMF to handle the claim process on their behalf.
13. IRS Compliance and Levy Acknowledgment
Client acknowledges that if a levy is placed on their company or any legal obligation arises, RMF may be required to comply with IRS or other governmental directives. In such cases, RMF will not be held liable for any impact resulting from compliance with such directives and Client agrees to indemnify RMF for any obligations imposed.
14. Severability
If any provision, part, or word of this Agreement is found to be invalid, unenforceable, or in conflict with applicable law or any court order related to the settlement, and such provision cannot be modified to comply with the law or court order, that provision shall be deemed to be modified to the extent necessary to make it valid and enforceable. The invalidity or unenforceability of any provision shall not affect the validity or enforceability of the remaining provisions of this Agreement, which shall remain in full force and effect.
15. Third-Party Assistance
RMF reserves the right to engage other professionals, including but not limited attorneys or consultants, to assist in the settlement process. These engagements will not require any additional fees from client unless otherwise agreed in writing.
16. Term of Agreement
This Agreement shall remain in effect until the settlement process is complete, and parties have been paid.
17. Dispute Resolution
Any disputes arising under or related to this Agreement will be resolved through binding arbitration in New York. The arbitration will be conducted in accordance with the rules of the arbitration provider chosen by RMF, or by a New York court if RMF so chooses.
18. Governing Law
This Agreement shall be governed by and construed in accordance with the laws of the State of New York, without regard to its conflict of laws principles.
19. Confidentiality
The terms of this Agreement and any confidential information shared between the Parties shall be kept confidential, except where disclosure is necessary for the claims process, and for RMF's additional services and products or those of its affiliates, or as required by law, including but not limited to disclosures to the Settlement Administrator, Class Counsel, or the Court.
20. Indemnity
Client agrees to indemnify and hold harmless RMF from any liability, loss, or damage resulting from a breach of this Agreement, including the failure to provide accurate information or from any legal obligations, such as tax liabilities or disputes arising out of the claim.
21. Entire Agreement
This Agreement constitutes the entire understanding between the Parties regarding the consulting services to be provided by RMF. Any modifications or additions to this Agreement must be made in writing and signed by both Parties. If any provision of this Agreement is found to be invalid or unenforceable, the remainder of the Agreement shall remain in effect.
22. Client's Affirmation of Agreement, RMF Website Terms & Conditions, and Privacy Policy
By signing this Agreement, the Client affirms that they have read and understood the terms outlined in this Agreement. The Client also agrees to the Privacy Policy and Terms & Conditions of the RMF website.
23. Supplemental Confirmation of Authorization
This digital signature serves as an additional confirmation of the authorization I provided at the time of my initial engagement of recovermyfee.com LLC for claims-related services, and is intended to ensure that my authorization is fully effective for all purposes.
24. Signature and Agreement Acknowledgment
By digitally signing this document, I acknowledge and agree that my digital signature holds the same legal weight and effect as a handwritten (wet) signature. Furthermore, by checking the box on the RecoverMyFee.com website, where it states "I have read and agree to the terms of the Service Agreement," I confirm that I have read, understood, and fully agree to the terms and conditions outlined in the Service Agreement.